HomeMy WebLinkAbout1.0 Application• • • •
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101(10)(a) - (d) as amended,
and the Subdivision Regulations of Garfield County, Colorado, adopted
September 1, 1972 and amended April 14, 1975, Sections 1.02.17(d) and
3.02.01, the undersigned .e.6e . .)1) �)
respectfully petitions the Board of County Commissioners of Garfield
County, Colorado, to exempt by resolution
Southern Mirage
more fully hereinafter described, from the definitions of "subdivision"
and "subdivision land" as the terms are used and defined in C.R.S. (1973)
Section 30-28-101{a) - (d) and the Garfield County Subdivision Regulations,
for the reasons stated below:
1. The division of land requested is only three single-family
homes sites with little or no impact on the surrounding
countryside.
2. There is extremely fine access from the country road
bordering the property.
3. Utilities required are electricity which borders the NO2TH
edge of the site. Water is by driven well.
4. The division of land is not a part of a large land development
project, nor will there be any further applications for land
division on these three sites.
5. The applicant is not a developer.
Submitted at Glenwood Springs, Colorado, this day
of A.\I
19 7�
Petitioner
f10 n-ti7-
Recorde? at
Reception
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State Documentary Fee $5.75
. M. NOV 1 197
Ella Stephens, I:Qcorder
PERSONAL REPRESENTATIVE'S DEED
STATE DOCUMENTARY FEE
THIS DEED is made by VERAL L. FENDER, JR., as Personal Repre-
sentative of the Estate of Bessie Florence Fender, an unmarried per-
son, deceased, Grantor, to MEREDITH M. HOMET, Grantee, whose address
is 2950 University Terrace N.W., Washington, D.C. 20016.
WHEREAS, Bessie Florence Fender died intestate in Garfield
County, Colorado, April 13, 1975; and
WHEREAS, Grantor was duly appointed Personal Representative of
the Estate of Bessie Florence Fender by the District Court in and for
the County of Garfield and State of Colorado, probate no. 11-432 on
August 14, 1975; and is now qualified and acting in said capacity;
NOW THEREFORE, pursuant to the power conferred upon Grantor by
Article 12, Section 711 of the Colorado Probate Code, and for the
consideration of One Hundred Dollars, Grantor sells and conveys to
Grantee the following real property in Garfield County, Colorado:
A parcel of land situated in the SEQ of Section
20, Township 7 South, Range 87 West of the Sixth
Principal Meridian, County of Garfield, State of
Colorado, said parcel of land is described as
follows:
Beginning at a point on the Southerly line of
said Section 20 whence the Southeast Corner
of said Section 20 bears: N.89°19'41" E. 1143.00
feet; thence S.89°19'41" W. 186.00 feet, more or
less along said Section line to a point in a fence
as constructed and in place; thence North 19.50
feet to an angle point in said fence; thence
N.89°32'41" W. 969.37 feet along said fence;
thence North 1316.31 feet to a point in the
Southerly fence of a County Road as constructed
and in place; thence S.89°34'39" E. 1155.34
feet along said County Road fence; thence South
1333.11 feet to the point of beginning.
The above described parcel of land contains
1 2 F 35.00 acres, more or less, together with 17 shares of Missouri Heights
Reservoir and .6 (6/10) cubic feet per second of Mountain Meadow water rights,
with all its appurtenances together with any structures thereon, and
warrants the title to the same subject to general taxes for the year
1976, and reservations in the applicable United States Patent.
Executed nrtnbar
26
, 1976.
ESTATE OF BESSIE FLORENCE FENDER,
DECEASED, an unmarried person
By C r�
\ler_al L. Fender, Jr. %Z
Personal Fepresentati e
1
S
STATE OF COLORADO )
ss.
COUNTY OF GARFIELD )
this
The above and foregoing instrument was acknowledged before me
, 1976, by Veral L. Fender, Jr.,
26th day of
October
as Personal Representative of the Estate of Bessie Florence Fender,
deceased, an unmarried person.
.'WITNESS my hand and official seal.
. � Ifr,
• EZ I
Notary Public
My co=nr gg.on expires: January 30, 1977
ALl'A Owner's Policy—Form mended 10 73
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POLICY OF TITLE INSURANCE ISSUED BY
ST T rTITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND
THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY
COMPANY, a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in
Schedule A, against Toss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys'
fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by
reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land.
4. Unmarketability of such title
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
duly authorized officers as of Date of Policy shown in Schedule A.
Countersigned:
•
Authorized Countersignature
CO
�\\\Q •• •L,RP OR4 992a i
-*-
1 9 0 8
.*_1908 :.
jf ASdgdoP
STRT'rIrJ F.
GUARANTY COMPANY
Chairman of the Board
EXCLUSIONS FROM COVERAGE
President
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect
of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public
records of Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date
such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company
prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d)
attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured
claimant had paid value for the estate or interest insured by this policy.
.o. :, Page 1 of 2 8 8 413
0a '+} •+�` .% { '' Policy Serial No.
71'
7
:,4Gr'a^'a1„YasYtcra`d`.•4.e0.!'f-awc�+J
ALTA OWNER'S P 'V -- Amended 10/17/70
• SCHEDULE A •
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Order No.: 3357 C-2 Policy No.: 0-286413
Date of Policy: NOVEMBER 2, 1976 AT 8:00 O'CLOCK A.M. Amount of Insurance: $ 57,500.00
1. Name of Insured:
MEREDITH M. HOMET
2. The estate or interest in the land described herein and which is covered by this policy is:
FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
MEREDITH M. HOMET
4. The land referred to in this policy is described as follows:
A parcel of land situated in the SE4 of Section 20, Township 7 South, Range 87
West of the Sixth Principal Meridian, County of Garfield, State of Colorado,
said parcel of land is described as follows:
Beginning at a point on the Southerly line of said Section 20 whence the Southeast
Corner of said Section 20 bears: N. 89°19'41" E. 1143.00 feet;
thence S. 89°19'41" W. 186.00 feet, more or less along said Section line to a point
in a fence as constructed and in place;
thence North 19.50 feet to an angle point in said fence;
thence N. 89°32'41" W. 969.37 feet along said fence;
thence North 1316.31 feet to a point in the Southerly fence of a County Road as
constructed and in place;
thence S. 89°34'39" E. 1155.34 feet along said County Road fence;
thence South 1333.11 feet to the point of beginning.
COUNTY OF GARFIELD
STATE OF COLORADO
Authorized Countersignature
Page 2
S'I'E\VA RT TITLE
GUARANTY COMPANY
Policy No.: 0-286413
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
5. Any and all unpaid taxes and assessments.
6. The effect of inclusion in any general or specific water conservancy, fire pro-
tection, soil conservation or other district or inclusion in any water service
or street improvement area.
7. Right of the proprietor of a vein or lode to extract and remove his ore there-
from, should the same be found to penetrate or intersect the premises hereby
granted as reserved in United States Patent recorded November 22, 1907, in Book
73 at page 2 as Reception No. 34319.
8. Right of way for ditches or canals constructed by the authority of the United
States, as reserved in United States Patent recorded November 22, 1907, in Book
73 at page 2 as Reception No. 34319.
1613
Page 3
S'PF_. VAR'P 'PITL1r.
GUARANTY COMPANY
Recorded at ' a 5 ck •- • M• OCT 1.8 1976
2'74.7-x. 2
Reception lo. „Ella Stephens. Recorder
QUITCLAIM DEED
•00 b`.) PAGE 47 /
SiUE
OCT 16 1976
J. RICHARD HUNT, a resident of Texas, whose address is 407
Coachman, Houston, Texas 77024, for the consideration of One
Dollar and other good and valuable considerations, in hand paid,
hereby sells and quitclaims to Veral L. Fender, Jr., as personal
representative of the Estate of Bessie F. Fender, deceased, whose
street address is 1802 County Road 102, Carbondale, Colorado 81623,
the following real property in the County of Garfield, State of
Colorado, to -wit:
A parcel of land situated in the NE4SW4 and the
N1/2SE4 of Section 20, Township 7 South, Range 87
West of the Sixth Principal Meridian, County of
Garfield, State of Colorado, lying Southerly of
a County Road fence as constructed and in place
and Northerly of the Southerly line of said NE4SW4
and the N1/2SE4 said parcel of land is described
as follows:
Beginning at a point on the Southerly line of
said NE4SW4 and the NZSEQ whence the Southeast
Corner of said Section 20 bears: S.68°25'27" E.
3555.88 feet; thence North 28.05 feet to a
point in said County Road fence; thence S.89°
34'39" E. along said County Road fence, 2163.87
feet to a point on the Southerly line of said
N1/2SE4; thence S.89°40'47" W. 2163.84 feet along
the Southerly line of said NE4SW4 and the N SSE 4
to the point of beginning.
The above described parcel of land contains
0.70 acres, more or less.
Signed this
STATE OF TEXAS )
ss.
COUNTY OF HARRIS )
day of October, 1976.
(SEAL)
is and Hunte""
The foregoing Quitclaim Deed was acknowledged before me this
1 day of October, 1976, by J. Richard Hunt, a resident of the
State of Texas.
FITNESS my hand and official seal.
.'M}7 Fco,Inrnission expires:
Notal' Public
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REPORT OF GEOLOGIC I ESTIGATIOF
SOUTT172T ITRAGJE SUEflIVISIO1'
GARFIELD COUNTY, COLOPArO
LOCATION:
This tract of land is located in the IM 1/4 SE 1/4, NE 1/4 SE 1/4,
SW 1/4 SE 1/4, SF 1/4 SE 1/4, Section 20, Township 7 South, Range 87 West of
6th P.M. Garfield County, Colorado. It is approximately 5 miles east of
Carbondale, 14 miles southeast of Glenwood Springs and 2 miles north of the
Roaring Fork River.
Topographically, the site is classified as an upland mesa with low
rolling hills and has previously been used as an irrigated pasture land.
GEOLOGY:
The entire subdivision is underlain by an extensive series of basalt
flows. A water well drilled within a half mile of the site encountered basalt
from the surface to 325 feet --the maximum depth of drilling. The exact age
of the flows has not been established; however, they are believed to have
occurred from the Miocene Epoch to the Pleistocene Epoch or as old as 25 million
years to as recent ns 1 million years. It is believed that these flows cover
the Eagle Valley Evaporite Formation, which consists of thin beds of gypsum and
shale and has been known to cause a number of sinkhole depressions where it
is at or near the surface.
The soils on the property appear to be residual; that is, they are
derived from the weathering of the basalt beneath them. The soil is a light
tan, very calcareous, silty clay which is very loose near the surface and
becomes increasingly more compact and cemented with increasing depth. This
material may be slightly expansive in nature due to its clay content.
The drainage pattern is a poorly developed dendritic type. There are
no continuously flowing streams on the property, and only one intermittent
stream is indicated on the USGS 7.5' Carbondale Quadrangle map. This stream
flows West and South from the site and it would appear that all surface
runoff drains to the Roaring Fork River. Local drainage is probably in the
form of sheet flow or internal drainage through the soil. Significant stream
flow apparently is restricted to periods of torrential rains and (possibly)
rapid snot+melts in periods of spring runoff.
FAZARnS :
Several small depressions were noted in the south central portion of
the site which could be associated with sinkhole topography. These features
are adjacent to one of several small irrigation ditches on the property and
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may be associated with water that once flowed in them. It is believed these
depressions are notassociated with a close proximity to the Eagle Valley
7vaporit.e, but this possibility and their extent and magnitude should be
investigated in further detail. This suggestion relates specifically to site
selection of proposed residences.
Other than the small possibility of subsidence or hydrocompaction,
there appears to be no s eologic factors present that might produce or contribute
to a. situation hazardous to life, health, or property in the proposed use
of this tract.
Slopes on the site are gentle ranging from 0° to 10°, therefore, no
danger exists from iandsliding or soil flowage.
There are no artificial hazards such as potential subsidence due to
past mining and no significant mineral resources should be encountered.
The surface of the site is approximately 750 feet above the present
level of the Roaring Fork River, so there is no danger of flooding.
There is no known radiation hazards associated with the formations
exposed in and rear the proposed subdivision. The nearest known radioactive
deposits are in the Morrison and Chime Formation in the Rifle Creek area
approximately 4.0 miles to the West.
The only adverse construction factor may be encountering shallow
bedrock which may require blasting.
pF COMMENnATION'S :
In addition to the precautions and practices mentioned above, the
actual physical characteristics and depths of the subsurface material should
be determined by a soils engineer before structures are designed for the
tract.
w
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April 24, 1978
WATER AVAILABILIT"
1. Water Tributary: We are considering water tributary to the Roaring
Fork River. Refer to: Preliminary Geology Report,
Dept. of the Interior which describes ground water
in 'Availability of Chemical Ouality of Ground Water
in the Crystal River and Cattle Creek drainage basins
near Glenwood Springs, West Central Coloradd' by:
Robert F. Brogden and T. F. Giles, U. S. Geological
Survey Water Resource investigation 76-70.
2. Domestic Water: One well is to be drilled for each house site '3 total).
3. Irrigation Water: Owner has 17 shares of water rights in "Missouri
Heights Irrigation Company"., 'photocopy enclosed).
4. Adjacent well at the Fender Ranch one-half mile away. There are no
water logs available, however, the well drilled here in the fall of 1977
produces/l8 gal. per minute.
1. r.
mccarthy
architect
p.o. box 5133 aspen, colorado 81615
I would like to request consideration of a preliminary
sketch plan review for a three-part subdivision called Southern
Mirage of a 35 -acre tract I own as Meredith Morgan Homet on
Misouri Heights. This land was purchased from
through Cooley Investment Company registered in Garfield
County Court House in late 1976 and I obtained Title Insurance
on said parcel. I intend to subdivide into two eleven -acre
lots and keep a thirteen -acre lot in the center myself, thus
providing for three single -dwelling units.
The land has Missouri Height Irrigation Company water
rights and we intend to drill wells for domestic use. We
are allowing 40 gallons per person per dwelling unit and
70 gallons for sewage which will be by a septic tank system.
There is not cost for utility distribution as the three lots
all have legal access to the main county road No. 02
which
02-
which has electrical wiring running along the road. Photo
copies of the supporting documents are enclosed.
97)&e_e dap—, 170:A/0,
RICHARD D. LAMM
Governor
DIVISION OF WATER RESOURCES
Department of Natural Resources
1313 Sherman Street - Room 818
Denver, Colorado 80203
Administration (303) 839-3581
Ground Water (303) 839-3587
June 13, 1978
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, CO 81601
Re: Goldman Exemption and
Homet Exemption
Gentlemen:
C.J. KUIPER
State Engineer
We have reviewed the material submitted concerning the above
referenced exemptions. The Goldman proposal will create one four -acre
lot which is located approximately three miles southeast of Silt. Our
Ground Water Section has indicated that a permit could be issued in this
area for a domestic well. We have no objection to the approval of the
Goldman Exemption.
The Homet property is located on Missouri Heights. Ground water
conditions in this area are very complex and it is questionable whether
or not permits for domestic wells would be issued. Since the owner has
seventeen shares of Missouri Heights Irrigation Company water for the
land, we suggest that household use only wells be used to supply the
three lots and the Irrigation Company shares be used for irrigation. If
the developer agrees to this, we would have no objection to approval of
the Homet Exemption.
Very truly yours,
a..
JAD/GDV:mvf Dr. Jeris A. Danielson
puty State Engineer
cc: Lee Enewold
Ralph Stallman
Land Use Comm.
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